The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-25
Ilme-Z:I TO; Z:IJ. G2U.
2:lS Class; purse 81, 800 Summary:
Am INVITATION tn Chanra cars

merce COMMISSION today gave hearing In the
of William Fl. Council against the Western
e Atlantic railroad. Council is the colored
man who, having purchased first class ticket,
charges that he was refused permission to ride in
a first class car and was forced GO into the
smoking car. The railroad company was rep
resented by Julius L. Brown of Atlanta. and
the complainant by John ID. Brandon and Oscar
r. Hundley, of Huntsville
Mr.. Brown interposed some objections to the
omission of certain depositions and during a
brief discussion which ensued Mr.. Brown stated
his purpose to enter a motion to throw out the
complaint upon the ground of lack of jurisdic-
ton, this being, he asserted, merely claim for
damages.
The chairman, in reply. said the commission
would not sit here to try any mere question of
damages. but this was much more Here were
charges of unjust discrimination against class
of citizens. If there were such a case it ought
TO arise upon facts which open, public
and notorious and there ought to be no diff
Guilty in regard to them. The objection being
overruled. the charges and responses read.
The gist of the railroads reply is that the com
plainant went in ladies' car in defiance of the
rules of the company and refused to go into the
other car, and that it the passengers and
not the train who assaulted him. The
answer admits the duty of the company to fur
nish equal accommodations for all frst-clasS
passengers. but it claims the right to classify
passengers, either by the color line or otherwise.
After the reading of number of dispositions,
Mr.. Council was sworn. He is intelligent
looking colored man. welI-dressed self possessed
and of good address He is minister of the
gospel and principal of the State Normal school
he told the story of his election from the in
which he had taken his seat. He entered the
car without objection on the part of any
He was told by some one whom ne did not
ognlze as a trainman that he must 60 forward,
to which he paid no attention. He was finally
approached by two men, one of whom carried a
lantern and the other had his hand upon his hip
pocket. The man with the lantern seized wit
ness. nit him the head several times with
the lantern, cutting his head badly and break
ing the glass. Witness appealed to the passen-
gers, but without avail His assailants then
seized and carried him into the forward car.
This was very filthy and was full of smoke.
Counsel for the respondent opened his side of
the case by reading series of dispositions
From one by passenger named Whitsett. the
following appears to have been the way of Mr.
Councils invitation to change cars II walked for
ward tothe front end of the car, and told Mr..
Bivins the fagman, that l wanted his lantern a
minute took it out of his hand, then turned and
walked back to where Council was sitting, and told
him there was to be no morefoolisnness; that 1
did not want to hurt him. but he had to go. He
replied very insolently that he would not go,
and then | grabbed him in the collar, and struck
him over the head with the lantern. l knocked
him out of his seat. and pulled him out. He fell
to the floor, and as he raised up he came towarda
me, and let him have lc again wi tn the lantern.
l hit him several times before L conquered him,
and then rushed him right out of the car into
the darkies car. He was willing to 60 by the
time got through with him."
The conductor of the train sworn,
and testified in substance that the col
ored car that trip was similar
ladies' car except that one end was parttioned
off for a smoksr, and was in little better
dltion. If a white man should enter the colored
the witness would request him to go out and
if he refused. witness would make him GO A
white man, unaccompanied by ladies, would be-
compelled to enter the smoker. but after the
train started he might go into the ladies' il
there were vacant seats. This practice WIS in
compliance with bulletin orders of the road, but
the orders we're not printed. The witness never
did put white man out of the ladies' car if he
behaved himself and never heard of it being
done. No lady on the train had requested it.
Council did not question the witness regarding
the assault they understood from the COM
mission that that was not essential to the matter
of discrimination.
The fagman of the train was sworn and
roborated the conductor.
Mr. Brown submitted motion to dismiss the
case. both submitted printed briefs, and the
hearing ended. Defendants briefs in
number; the first maintaining the right of rail-
road TO classify the passengers the color linei
the second discussing the question of iuris-
diction. The complainant's brief admitted the
right of classification and maintains that it is
the duty of the railroad to furnish equal facili-
ties and conveniences for the two races.